It is unlawful for any person to sell, give or lend any firearm or pistol cartridge to any person whom he knows to be a minor or under the influence of alcohol. Manufacturing or selling metallic knuckles. However, if you want to be an enhanced permit holder, it is mandatory to take a firearms training course given by an instructor certified by the Mississippi Department of Public Safety. According to the Gun Violence Archive, there were 692 mass shootings in 2021, and 610 in 2020. [53] See http://www.handgunlaw.us/documents/USKnife.pdf (Tupelo: 3.5 inches; Vicksburg: 4 inches) (last visited August 15, 2010). [90] The statute requires this precise language be used. The castle doctrine policy is also known as a duty to stand your ground policy as long as you are located in a place where you have lawful rights to be. 11250 Waples Mill Rd. CODE ANN. Senator Jennifer Branning presented SB 2825, the Mississippi Infrastructure Act of 2021 which tackled several road, bridge and transportation issues the state faces. 4 (10/01/2013) (It is our opinion that posting the sign described in 45-9-101 (13) conclusively asserts the property owners right to exclude persons with pistols or revolvers (with either a regular permit or enhanced permit) but does not trigger criminal penalties for concealed weapon under 97-37-1.). There are no permits required for the open carrying of a gun. A gun lover since young, served the country for the last 20 years. See https://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet for further information. Any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; Inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft, (secured areas prohibited under federal law), Any place where the carrying of firearms is prohibited by federal law, Any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the carrying of a pistol or revolver is prohibited., (not a violation of the concealed weapon statute but may constitute trespassing). To download a copy of the article in PDF format click here. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Still, with nearly 19 million guns sold, 2021 was the second-highest year for gun sales in the U.S. behind only 2020, when estimated gun sales topped 21 million. 481, 491, 150 So.2d 512, 516 (1963) (no jury instruction on defense appropriate where Morgan was in his home community, only a few miles from his residence.) In Patterson v. State, 251 Miss. [61] Davis v. State, 530 So. Yes Mississippi allows for open carry for individuals without a permit necessary. 18 USC 921(20) further provides: Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.. 2013 ____ (12/02/2013) (stating that local governments cannot prohibit enhanced permit holders from carrying in (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event.). 400.00(2)(f ). See Op. Unreliable. The applicant wants the permit as a legal means to carry a stun gun, concealed pistol, or revolver to defend him or herself. Attorney General believes local governments could restrict a regular permit holder from initial entry into the courthouse, as opposed to the courtroom, by posting a sign. Op. An Act To Amend Section 27-7-309, Mississippi Code Of 1972, To Remove The Provision That Requires Employers With An Average Monthly Withholding Tax Liability Of At Least $50,000.00 For The Preceding Calendar Year To Pay, On Or Before June 25, At Leas. Twenty-two states in the U.S. enforce regulations known as deadly force laws. [52] 97-37-17(c) (pertaining to possession of weapons by students on educational property). Any person holding a valid un-revoked and unexpired license to carry concealed pistols or revolvers issued in another state shall have such license recognized by this state to carry concealed pistols or revolvers, provided that the issuing state authorizes license holders from this state to carry concealed pistols or revolvers in such issuing state and the appropriate authority has communicated that fact to the Department of Public Safety. Mississippi: Strong Firearms Preemption Bill on House Floor TODAY! Areas that are off-limits to carry a concealed handgun will apply to the carrying of stun guns or tasers as well. February 26, 2021 SB2107 is before the full House. The final vote on the background check bill was 227-203. Op. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. What Is The Second Amendment And How Is It Defined. Generally, no unit of local government may adopt an ordinance that restricts the possession, transportation, sale, transfer, or ownership of firearms or ammunition or their components. [102] Finally, the statute provides that a person acting in justifiable self-defense shall have similar presumptions in civil cases, is entitled to attorneys fees and expenses if the criminal unsuccessfully sues the homeowner, and is immune from civil suit if found not guilty in criminal proceeding. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.). It is unlawful for a person convicted of a felony to possess a firearm, unless such person has received a pardon for such felony, has received a relief from disability under federal law, or has received a certificate of rehabilitation. WITHOUT A LICENSE A permit is not required for a loaded or unloaded handgun to be carried within a vehicle if it is in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case. 97-37-7(2) states that, with a few exceptions, a person with the endorsement may carry weapons in any location listed in subsection (13) of Section 45-9-101. Carry In Vehicle Yes In order to be eligible for a concealed carry license, you must: Penalties for Illegal Possession on or Near School Grounds. .); 18 USC 922(g)(1). Mississippi has a stated prohibition on the possession, manufacture or sale of "silencers" (a/k/a suppressors) but allows possession of devices "authorized under federal law." [44] Thus, with the proper federal tax stamp, suppressors are legal in Mississippi. If you need an attorney, find one right now. Southern states along the Mississippi River have consistently reported some of the highest rates of firearm deaths.Louisiana, Mississippi, Alabama, Tennessee and Arkansas currently fall within the top 10 for firearm deaths. The applicant isnt chronically and habitually alcoholic drinks to the point where his or her normal faculties are impaired. As discussed, a state felony conviction, even where the convict is rehabilitated, still prevents firearm ownership or possession under federal law 18 USC 922(g)(1) unless the conviction is expunged. Atty Gen. No. This may be reproduced. If you need an attorney, find one right now. Any place where the carrying of firearms is prohibited by Federal Law. Short-barreled rifle less than 16 inches or a shotgun less than 18 inches, Toy pistols that can fire or make an explosion (cap pistols are expressly excepted), People with a felony conviction (unless they have certificates of rehabilitation obtained through a court petition and expungement process), Individuals who are chronically intoxicated, People who have voluntarily or involuntarily been committed to mental health facilities (unless recovered for at least 5 years), Are not prohibited from owning a firearm under federal and state law, Are not carrying the firearm in prohibited places, Be a resident of the state unless an exception applies, Desire a legal means to carry a firearm to defend yourself, Not be adjudicated mentally incompetent, or it has been five years since the court restored your mental capacity, Not be a chronic or habitual user of alcohol or controlled substances to the extent that your normal faculties are impaired, Not be voluntarily or involuntarily committed to a mental institution, unless you have a certificate from a psychiatrist who is licensed in Mississippi stating that you have not suffered from disability for five years, Not suffer from a physical infirmity that prevents you from safely handling a pistol or revolver, Not be convicted of a felony unless you were pardoned or unless the records were expunged, Not have any imposition of sentence suspended or adjudication of guilt withheld on any felony unless it has been three years since any conditions set by the court have been fulfilled, Must not be prohibited from owning a firearm under federal law. See also Texas Penal Code 46.01(11) (Switchblade knife means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that: (A) opens automatically by pressure applied to a button or other device located on the handle; or (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.). A crime punishable by imprisonment for a term exceeding one year is defined in 18 USC 921(20). Op. [7] It is a state crime for any person to solicit, persuade, encourage, or entice a licensed dealer or private individual to transfer a firearm or ammunition in violation of state or federal law. The applicant must not have adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have passed since probation or any other conditions set by the court have been met. For adult offenders expungement of a felony conviction is available for six different categories: (1) a bad check offense under Section 97-19-55 ; (2) possession of a controlled substance or paraphernalia under Section 41-29-139(c) or (d); (3) false pretense under Section 97-19-39 ; (4) larceny under Section 97-17-41; (5) malicious mischief under Section 97-17-67 ; or (6) shoplifting under Section 97-23-93. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. JACKSON, Miss. Roughly half of Americans (53%) favor stricter gun laws, a decline since 2019, according to the Center's April 2021 survey. While 18 U.S.C. 2011-00365; 01/05/2012) (opining that 97-37-17 is not enforceable against an endorsement holder, that universities may not prevent carry by the posting of signage, and that universities may not require endorsement holders to check in with campus police upon arrival on school grounds). Saturday: 10am 5pm Further, they cannot regulate the transportation of such firearms to or from related events. Yes. Yesterday, the Mississippi Legislature dropped the final gavel for the 2021 Legislative session, adjourning for the year. [60] A deadly weapon is widely accepted as any object, article or means which, when used as a weapon under the existing circumstances is reasonably capable of producing or likely to produce death or serious bodily harm to a human being upon whom the object, article or means is used.[61], Whether a stun gun is a deadly weapon seems to be unanswered. Many Mississippi attorneys offer free consultations. [82] 45-9-101(13). No county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. [70] 45-9-101(1)(a) and 45-9-101(12) (The first renewal may be processed by mail and the subsequent renewal must be made in person. 478.144. (c) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin or impede the use of the range where there has not been a substantial change in the nature of the use of the range or by a person using the range. 353 (1913). Schools: You cannot open carry in elementary or secondary schools, colleges, and any university facilities. Gun Laws Equal Rights Freedoms The Middle East Race Relations Immigration Crime & Punishment Canadian Government Understanding Types of Government Gun Rights Under President Ronald Reagan Gun Show Laws By State and the Gun Show Loophole Timeline of Gun Control in the United States A Breakdown of D.C. v. Heller Mississippi is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. [38] While Mississippi offers a procedure whereby a convicts right to own a firearm may be restored by obtaining a certificate of rehabilitation,[39] it would appear there is no such relief from federal restrictions unless the person receives a full and complete pardon, an expungement of the conviction, or restoration of his civil rights from the Governor. In the so-called Second Amendment Sanctuary movement, proponents take the same strategy on federal or state gun laws which local government officials believe are in violation of the Second Amendment. You will also not face any state or federal restrictions to carry firearms. The fees are to be paid in the form of cash, cashiers check, Visa, Mastercard, or debit card. You can open carry in Mississippi without any type of permit. Prepare two forms of ID, and one of them must be a photo ID, for instance, a drivers license, state ID card, birth certificate, or social security card. Additionally, churches are now covered under the Castle Doctrine and state/local law enforcement are barred from enforcing federal regulations/executive orders not approved by Congress that violate the U.S. Constitution or Mississippi Constitution. Enhanced permits are issued to those who complete a training course. This page was last edited on 5 December 2022, at 16:32. (1) It shall be unlawful for any person who has been convicted of a felony under the laws of this state, any other state, or of the United States to possess any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm unless such person has received a pardon CODE ANN. Concealed without permit: A law effective April 15 allows Mississippians, without a permit, to carry concealed firearms "hidden or obscured from common observation" as long as they are in a holster or sheath. A license is not required for transporting a concealed or visible firearm in a vehicle. . It is important to us that our team, our families, and our fellow American understand how to use a firearm and how to protect themselves. Mississippi Concealed Carry LawsMississippi Open Carry LawsMississippi Gun Permit Laws. 45-9-57. This exception does not apply to students. The Mississippi Legislature July 1 passed a bill that may be well-intentioned but is ill-conceived and potentially destructive. Yes. Mississippi has no licensing requirements but does provide for a license to carry a concealed pistol (discussed more thoroughly infra). Updated: 6:49 PM EDT July 1, 2021 KNOXVILLE, Tenn. On Thursday, a new law allowing Tennesseans to carry guns without a permit went into effect. Weight Limits. The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that the applicant has been rehabilitated and has led a useful, productive and law-abiding life since the completion of his sentence and upon the finding of the court that he will not be likely to act in a manner dangerous to public safety.), [40] 18 USC 922(g)(1) prohibits anyone who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (emphasis added). Employers may prohibit firearms in company vehicles. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow [33] Schools are required to post a copy of this Code section in public view. If you are late for renewing, a late fee of $15 will be charged and this fee can be paid for up to 6 months past the expiration date. Reed is an affiliated attorney with the Armed Citizens Legal Defense Network, LLC (http://www.armedcitizensnetwork.org/), the United States Concealed Carry Association (https://www.usconcealedcarry.com/), the Second Defense Alliance (http://myseconddefensealliance.com/), and the American Knife & Tool Institute (http://www.akti.org/). Alaska practices no waiting period to own a gun, no universal background checks, and no bans or restrictions on assault weapons or magazine capacity. Atty Gen. No. Phil Bryant Signs NRA-Backed Permitless Carry Bill & Other Pro-Second Amendment Measures into Law! This is only a general list. Research indicates that if concealed-carry permits were easy to get, roughly 10% of adults in those states would likely be carrying guns, according to UCLA law professor Adam Winkler, author of . [50] Op. Possessing a prohibited weapon is an offense punishable by up to 1 year imprisonment and up to a $1,000 fine. Besides the minimum age of 21 and 18 years old, here are some other requirements that you need to meet in order to get a standard or enhanced permit: Apart from the requirements that were mentioned, non-residents that have a valid permit from another state, active-duty members of the military stationed in Mississippi, or a retired law enforcement officer becoming a resident in Mississippi can also carry a concealed firearm in Mississippi. Get tailored advice and ask your legal questions. 2010) the Supreme Court stated that a dirk knife must: (1) have a blade with at least one sharpened edge which tapers to a point and (2) be designed primarily for use as a stabbing weapon. The Court refused to extend the definition to all fixed-blade knives of certain length as restraint dictates that broader application would require legislative action.. For a disabled veteran and retired law enforcement officer, all fees are waived. While open carry is permitted in Mississippi, it doesnt mean everyone is legally allowed to do so. It is unlawful to sell, give or loan a deadly weapon to a person under the age of eighteen. [21] 45-9-55(4) (This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.). You are permitted to carry in the following areas: State/National Forests: ? [46] Cf. [78] Licensees must notify the Department of Public Safety, in writing, within thirty days of any change in permanent address or loss of the license. (4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law. All persons owning property any part of which lies within one thousand (1,000) yards of any boundary of the sport-shooting range property shall have standing to appear and object to the location of the sport-shooting range at a hearing to be conducted by the Industrial Development Authority Board. (2) The exception provided by subsection (1)(f) of this section does not apply if the firearm was in or carried to and from an area designated for use in a lawful hunting, fishing or other sporting event and the firearm is of the type commonly used in the activity. The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor and/or finished his sentence for such crime within the preceding three years, or is arrested for a disqualifying crime during the application process. Perhaps the most important defense is that the accused was threatened and had a good reason to fear an attack was imminent. Residents of that state do not need a permit to carry loaded weapons, whether. Under the current law, Mississippi is considered a completely dry state. The states with the most lenient gun laws are New Hampshire, South Carolina, Georgia, Louisiana, Maine, Texas, Montana, West Virginia, Alabama, North Dakota, Oklahoma, Arkansas, Alaska, Kansas, South Dakota, Arizona, Kentucky, Missouri, Idaho, Wyoming, and Mississippi. Mississippi allows use of force (justifiable homicide) when in defense of your life or someone else's so long as there is a reasonable fear of imminent death or great bodily harm being inflicted. Anyone who was under the age of 18 at the time of committing the felony may have one felony conviction expunged five years after completing his sentence except for the crimes of: rape under Sections 97-3-65 and 97-3-71; sexual battery under Section 97-3-95; murder under Section 97-3-21; manslaughter under Section 97-3-25; carjacking under Sections 97-3-113 through 97-3-117; burglary of a commercial establishment or occupied dwelling; cyberstalking under Section 97-45-15; exploitation of children by the use of computers or other means under Sections 97-5-31 through 97-5-37; armed robbery under Section 97-3-79; and any felony that, in the determination of the circuit court, is a violent crime or a felony that is related to the distribution of a controlled substance and in the courts discretion it should not be expunged. Mississippi has a stated prohibition on the possession, manufacture or sale of silencers (a/k/a suppressors) but allows possession of devices authorized under federal law.[44] Thus, with the proper federal tax stamp, suppressors are legal in Mississippi. Parks and general meetings that involve the authorities of counties, municipalities, and every other government body. There is also something called the Stand Your Ground Law. 2013 ____ (12/02/2013) at page 4, point #4. 45-9-101(3). A license to carry a pistol or revolver is not required for open carry beginning July 1, 2013 (see above). Mississippi State Constitution. Outside of concealed handgun permits, it is legal to openly carry a firearm in the state of Louisiana. Yes. It's a felony punishable by up to 3 years in prison and up to a $5,000 fine for anyone to possess or carry an open or concealed firearm near or on school grounds. No one should intentionally interfere with or disturb a licensed hunting activity or the legal taking of games in wildlife in Mississippi. 2d 625, 627 (Miss. You can find more information about the antique firearms affected by the Antique Firearms Regulations 2021 and the options for owners on gov.uk. Sunday: Closed, 40 S Main St, Tooele, UT 84074, United States, The Best Aftermarket Glock Barrels (2022). Counties and municipalities cannot regulate firearms-related activities on educational property or professional athletic events. Requires a state permit, waiting period, and mental evaluation prior to the purchase of an "automatic weapon.". 29.80 to 35.71. Background checks required for private sales? The applicant must submit fingerprints, a full-face photograph, pay a fingerprint fee and $100 license fee. Fairfax, VA 22030 1-800-392-8683(VOTE), Click on a State to see the Gun Law Profile. This results from an odd interaction between 97-37-7(2) and 45-9-101(13). Yes Individuals can concealed and open carry in a state park so long as theyre legally allowed to possess a firearm. [93], Concealed weapon licenses are also available for a variety of guards and private security services. Thus, where a location is posted against carry is hosting a firearm-related event a double negative results in a prohibition against carry. Basically, the Castle Doctrine provides that a person can presume a criminal who unlawfully and forcefully enters his premises intends to kill, cause great bodily harm or commit a felony upon the occupant. 2. This has bipartisan support. (d) Publication shall be made in a newspaper of general circulation in the county once a week for three (3) weeks, the first such publication to be made not less than thirty (30) days prior to the date of the hearing. The following table outlines the maingun control lawsin Mississippi. California, Illinois, Michigan, and Texas, have all ruled one-hand opening knives are not switchblades because they do not possess the activating button or device on the handle of the knife. Miss. The same requirements for applying for a standard or enhanced permits also apply to any person that doesnt stay in Mississippi. This is not to say that such information should not be kept,[11] only that it is not required. When a new round of laws goes into effect on Sept. 1, Texas will officially become a "Second Amendment sanctuary.". 45-9-51. Such permits are issued by the Department of Public Safety of the state. Mississippi statutes are silent on antique and replica firearms. Shooting from a motorized vehicle is even more frowned upon in Mississippi, unless the vehicle has come to a complete stop. Public Law 103-329 (1994) (none of the funds appropriated herein shall be available to investigate and act upon applications for the relief from Federal firearms disabilities under 18 U.S.C. Mississippi Senate Passes Strong Preemption Reform Bill on 35 to 16 Vote! [65] Additionally, a person may show he was traveling and was not a tramp.[66] The travel intended by this section is travel of such distance as to take one beyond the circle of his friends and acquaintances.[67] Other defenses are that the person was a law enforcement agent or mail carrier in the discharge of his duties, was in lawful pursuit of a felon, or was engaged in legitimate sports. Non-residents in Mississippi have access to standard permits too. 925 (c)). Atty Gen. (No. "no county or municipality may adopt any ordinance that restricts the possession, carrying, transportation, sale, transfer or ownership of firearms or ammunition or their components.". No one should disturb wildlife animals in a way that affects the behavior of the animals, making it harder for legal hunting activities to take place. Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions. Atty Gen. No. May carry openly without permit. Hawaii. Gun Sales in 2021 After a record year in 2020, gun sales in the U.S. dipped slightly in 2021. See Op. Atty Gen. No. The renewal fee is $50, $25 for persons age 65 or older, plus fingerprint fee. 2013 ____ (12/02/2013) at pages 4-5, point #13. Any person who is subject to a court order that restrains that person from harassing, stalking, or threatening an intimate partner or child of an intimate partner. [42], Unless being used in necessary self-defense, no one may display a deadly weapon in a threatening manner in the presence of another person, or use a weapon unlawfully in a fight.[43]. 17.58 to 23.68. Persons convicted of felonies are not allowed to own guns. Regulation of discharge of weapons within platted subdivisions; authorization; limitation. [69] Licenses are good for a period of five years and may be renewed through the mail every other renewal period. (3)(a) In order to qualify for the limitation of liability afforded by this act, a sport-shooting range must be located wholly within a tract or parcel of land consisting of not less than three hundred twenty (320) contiguous acres. [15] Likewise, it is generally illegal for a person under eighteen to have a handgun in his possession. This story was originally published by The Kansas City Beacon . 2013 ____ (12/02/2013) (it is the opinion of this office that a municipality can prohibit regular permit holders from entry into property owned or controlled by the municipality by posting the signage set out in Section 45-9-101(13)). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In trades, both parties should trade paper of this sort. The applicant shall not have violent misdemeanor convictions in the past 3 years. In 2016 Mississippi passed the Mississippi Church Protection Act[97] which provides that the governing body of a church or place of worship can establish a security program authorizing members to carry a firearm for the protection of the congregation. In the following article attorney Reed Martzlays out in plain languagewhat is, and is not, allowed with respect to Mississippi gun laws and self-defense. The state with the most lenient gun laws and largest rate of gun deaths, according to the World Population Review. [32] The state law prohibitions mentioned here do not apply to ceremonial or school programs, armed forces personnel and law enforcement, home schools, shooting event competitors, guards, mail carriers, or weapons not prohibited by 97-37-1 (deadly weapons statute, discussed infra) in a parents motor vehicle. (4) The provisions of this section shall apply only in a county bordering the State of Tennessee wherein U.S. Highway 78 intersects State Highway 7 and in a county where U.S. Highway 61 and State Highway 4 intersect. Authorization ; limitation, federal and local can find more information about the antique firearms by. Further, they can not open carry in Mississippi faculties are impaired 93 ], concealed weapon licenses are available. Such permits are issued to those who complete a training course one right now ____ ( 12/02/2013 at! Year imprisonment and up to a complete stop schools, colleges, any! Everyone is legally allowed to do so good reason to fear an was... Service apply or discharging weapons or firearms at a school-sponsored event or on school property prohibited ; ;! May be renewed through the mail every other government body fear an attack was imminent pages. Complete stop, served the country for the open carrying of a gun lover since young, served the for. 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